SECTION 2.00 – GENERAL CONDITIONS OF CONTRACT 15 GENERAL CONDITIONS OF CONTRACT 2.1.0 General conditions The system should be complete functional unit in terms of hardware and software to demonstrate the intended specifications and applications to be supplied with all necessary ancillaries. The quote should be for supply, installation, commissioning and successful working demonstration of the instrument at the premises of M/s. Oushadhi Ltd, Kuttanellur, Thrissur, Kerala. Specifications should be confirmed from the technical Brochure and website of the manufacturer. Good Service and Technical support are essential. Please provide testimonials form three reputed customers. Training: 2 levels – 5 days during installation in our lab and subsequently at supplier’s application lab for 2 persons at suppliers’ cost, three times in a duration of 3 years. A compliance statement of the specifications should be provided along with the quote before placing order. The list of installations and users of complete system in India & abroad should be provided for reference. The company must have at least five working installations of complete system (HPTLC) globally. User list for this period, current contact details of users, Supply Orders and certificates of successful completion issued by the clients must be enclosed. Installation, calibration, standardization and commissioning shall be the responsibility of the vendor. Pre-installation requirements, including requirement for water/power supply, should be enclosed along with the tender. Comprehensive maintenance contract (C.M.C )for 3 years with preventive maintenance kits 2.1.1 DEFINITION OF TERMS In construing these General Conditions of Contract and the annexed Technical Specifications and Commercial Terms, the following words shall have the meanings herein assigned to them unless there is something in the subject or context inconsistent with such construction. a. Client/Purchaser/Company The ‘Client/Purchaser/Company’ shall mean The Pharmaceutical Corporation Kerala Ltd, Kuttanellur P.O, Thrissur-680014, Kerala or its authorized representatives. 16 b. Tender The Tender shall mean the tender submitted by the Contractor for acceptance by the Purchaser. c. Contractor/Supplier The ‘Contractor/Supplier’ shall mean the person or company whose tender is accepted by the Purchaser and shall be deemed to include the Contractor’s successors, heirs, executors, administrators, representatives and assignees approved by the Purchaser. d. Sub Contractor The ‘Sub-contractor’ shall mean the person or company named in the contract for any part of the work or any person to whom any part of the contract has been sub-let by the Contractor with the consent in writing of the Purchaser and shall include his heirs, executors, administrators, representatives and assignees approved by the Purchaser. e. Inspector The Inspector shall mean any person or persons nominated by the Purchaser to inspect works or stores under the contract. f. The Goods/Items The Goods/Items means all the equipments, machinery and/or other materials which the supplier is required to supply to the purchaser under the contract. g. Contract The Contract shall mean and include the Notice Inviting Tender, Conditions of Contract, Technical Specifications, Commercial terms, Technical data, Schedules, Drawings, Tender offer of the Contractor with covering letter if any, Letter of Acceptance of the Purchaser, Schedule of Quantities, Prices, the Final General Conditions, any Special conditions applying to the particular contract, specifications and drawings, subsequent Amendments mutually agreed upon, and the Agreement to be entered into under these Conditions of Contract. h. Contract Price ‘The Contract Price’ means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. i. Services ‘Services’ means services ancillary to the supply such as transportation and insurance, and other incidental services, such as installation, commissioning, provision of technical assistance, training and other such obligations of the Supplier covered under the Contract. j. Specifications The Specifications shall mean the specification annexed to or issued with these General Conditions \ technical specifications and Drawings attached thereto, if any. 17 k. Site The site shall mean the actual place or places to which the machines/equipments are to be delivered or where work is to be done by the Contractor, together with the area surrounding the said place or places as the Contractor shall with consent of the Purchaser actually use in connection with the works, and shall include where applicable the lands and buildings upon or in which the works are to be executed. l. Tests on Completion Tests on Completion shall mean such tests which are to be made by the Contractor before the Works are taken over by the Purchaser as are provided in the Contract and such other tests as may be agreed upon between the Purchaser and the Contractor. m. Commercial Use Commercial use shall mean use of the work or works which the Contractor contemplates or of which it is to be commercially capable. n. Dimensions Dimensions shall mean the extent of a line, area, volume. All dimensions shall be given in the metric system i.e. for length measurement in kilometres, metres, or millimetres, for surface measurement in square metres, for volume measurement in cubic metres, etc. o. Weight Weight of a body shall mean the measure of the force of gravity on the body. It shall be given in metric units i.e. in tons (1 ton = 1000kg.), kilograms, grams and milligrams. p. Time Time shall be reckoned in months, days and hours, and the month shall mean calendar month. q. Letter of Intent/Letter of Acceptance Letter of Intent/Acceptance shall mean the Purchaser’s letter to the Contractor conveying his acceptance of the tender subject to such reservations as may have been stated therein. r. Writing Writing shall include any manuscript, type-written or printed statement, under or over signature or seal, as the case may be. s. Person Words importing person shall include firms, companies, corporations, and associations or body of individuals, whether incorporated or not. Words importing the singular only shall also include the plural and vice-versa where the context requires. 18 Terms and expressions not herein defined shall have the same meanings as are assigned to them in the Indian Sale of goods Act (No.III of 1930) failing that in the Indian Contract Act (Act IX of 1872) and failing that the General Clauses Act 1987. 2.2.0 Packing and Marking 2.2.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to severe climatic conditions during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Goods' final destination and the absence of heavy handling facilities at all points in transit 2.2.2 The packing, marking and documents within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract and in any subsequent instruction ordered by the Purchaser. 2.2.3 Each package shall be marked outside to indicate: Name of the Supplier Details of items in the packages Name of the Consignee Purchase Order Number Gross, net and tare weights of the item Destination address 2.3.0 Inspection of Site The Contractor or his representative shall be deemed to have inspected and examined the site and surroundings before submitting his tender and shall obtain the necessary information as to risks, contingencies and other circumstances which may influence or affect his tender. Whether a tenderer visits the site or not, it will be assumed that a tenderer who submits his tender is fully aware of the site conditions and difficulties in erecting the work and no claims under this account will be entertained by the Purchaser at any future date. 2.4.0 Quantum of Work 2.4.1 A schedule of approximate quantities for various items accompanies this tender. It shall be definitely understood that the Client do not accept any responsibility for the correctness or completeness of this schedule in respect of items and quantities and this schedule is liable for alteration by deletions, deductions or additions at the discretion of the Client without affecting the terms of the contract. 2.4.2 The Client reserves the right to increase or decrease the quantum of work at site without assigning any reason. 2.4.3 Variations in the quantities put to tender will not be the basis of any claim or disputes. The rates agreed by the contractor shall hold good for any amount of variation in the quantities and no claims whatsoever will be entertained on this account. The contractor shall carry out all works as directed by the Client at the same agreed rates. 19 2.5.0 CONTRACT A formal agreement shall be entered into by the Contractor with the Purchaser for the proper fulfillment of the Contract within 15 days of receipt of the Letter of Acceptance in the prescribed format of the Company. 2.6.0 Application These General Conditions shall apply to the extent that they are not superseded by provisions in other parts of the Contract. 2.7.0 STANDARDS The items and Services supplied under this Contract shall conform to the standards mentioned in the Technical Specifications and, when no applicable standard is mentioned, to the latest current edition or revision of the relevant Indian Standards and Codes. 2.8.0 SECURITY DEPOSIT If the Contractor is called upon by the Purchaser to deposit ‘Security’ and the Contractor fails to provide the security within the period specified, such failure shall constitute a breach of the Contract and the Purchaser shall be entitled to make other arrangements for the repurchase of the stores contracted for at the risk and expense of the Contractor and/or to recover from the Contractor damages arising from such cancellation.